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Hann v. Micron, 107 F.3d 1, 1st Cir. (1997)
Hann v. Micron, 107 F.3d 1, 1st Cir. (1997)
Hann v. Micron, 107 F.3d 1, 1st Cir. (1997)
3d 1
In the suit that underlies this appeal, plaintiff-appellant David W. Hann alleges
that his quondam employer, Micron Separations, Inc. (Micron), a manufacturer
of industrial filtration systems, disregarded a severance pay obligation when it
terminated him as its marketing director. Micron moved for summary judgment
on the ground that Hann's written employment contract provided for such
remuneration only in the event of another company's acquisition of Micron (a
circumstance that had not occurred). A magistrate judge heard arguments and
wrote a carefully reasoned report recommending that the district court grant
brevis disposition in Micron's favor. The magistrate concluded, after examining
the relevant evidence, that the proof, taken in the aspect most flattering to
Hann's case, proves neither a modification of the terms of his written
employment contract nor a breach of those terms. On de novo review, the
district court accepted the recommendation and entered summary judgment for
the defendant. Hann appeals. Having determined that oral argument would not
advance the decisional process, we summarily affirm.
On whole-record review, we believe that this is a suitable case in which to act
In his brief, Hann rehashes the evidence and invites us to take a more expansive
view of the facts than did the district court. We decline the invitation. When
summary judgment is at stake, we, like the trial court, must scrutinize the
record in the light most favorable to the nonmoving party, "indulging all
reasonable inferences in that party's favor," Griggs-Ryan v. Smith, 904 F.2d
112, 115 (1st Cir.1990) (emphasis supplied), but disregarding unsupported
allegations, unreasonable inferences, and conclusory speculation. See Smith v.
F.W. Morse & Co., 76 F.3d 413, 428 (1st Cir.1996); Medina-Munoz v. R.J.
Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990). If no genuine issue of
material fact percolates through the record, then summary judgment is proper.
So viewed, the essential purpose of summary judgment is "to pierce the
boilerplate of the pleadings" and appraise the proof to determine whether a trial
is needed. Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791, 794 (1st
Cir.1992), cert. denied, 507 U.S. 1030 (1993). Here, a trial would serve no
useful purpose.
We will not tarry. Despite the generosity of the Rule 56 standard vis-a-vis the
party opposing summary judgment, that party is not entitled to the benefit of
every inference that he can conjure up; he is only entitled to the benefit of every
reasonable inference. See National Amusements, Inc. v. Town of Dedham, 43
F.3d 731, 735 (1st Cir.), cert. denied, 115 S.Ct. 2247 (1995). In this instance,
we cannot draw the inference that the appellant hawks. To the contrary, the
statement of Micron's president, Dr. John Greenwood, which the appellant cites
as the basis for his claim of an oral modification, simply will not bear the
weight that the appellant piles upon it.
The appellant's promissory estoppel claim fares no better than his breach of
contract claim. Under Massachusetts law, a promisee's reliance on a promise
may give rise to an enforceable contract, but only if such reliance is reasonable.
See Rhode Island Hosp. Trust Nat'l Bank v. Varadian, 419 Mass. 841, 849-50,
647 N.E.2d 1174, 1178-79 (1995); Cambridgeport Savings Bank v. Boersner,
413 Mass. 432, 442-43, 597 N.E.2d 1017, 1023-24 (1992); Loranger Constr.
Corp. v. E.F. Hauserman Co., 376 Mass. 757, 760-61, 384 N.E.2d 176, 179
(1978); Hall v. Horizon House Microwave, Inc., 24 Mass.App.Ct. 84, 93-94,
506 N.E.2d 178, 184 (1987); see also Coll v. PB Diagnostic Sys., Inc., 50 F.3d
1115, 1124-25 (1st Cir.1995) (refusing under Massachusetts law to honor a
promissory estoppel claim for an orally modified employment contract when
reliance was unreasonable). Even assuming for argument's sake that Dr.
Greenwood had apparent authority to bind Micron to a change in Hann's
severance arrangement--an assumption that the record tends to belie--no
factfinder rationally could conclude that the appellant's professed reliance on
Dr. Greenwood's remark was reasonable. Even on the appellant's version, Dr.
Greenwood's statement amounted to no more than a passing comment. Only
wishful thinking could have led Han to believe that his contract had been
improved by this passing comment--and wishful thinking is not enough to
support a cognizable claim of detrimental reliance. Thus, the magistrate judge
and district court acted within their proper office in rejecting the unreasonable
inference on which the appellant's case rests. See Smith, 76 F.3d at 428.
6
Affirmed.